Underline menu menu close

COMPREHENSIVE AND PROGRESSIVE AGREEMENT FOR TRANS-PACIFIC PARTNERSHIP (CPTPP)

CPTPP Agreement outlines the rules and procedures in the contractor selection process, however, at a higher level of impartiality, openness and transparency. The main contents of the MSCP chapter include: Non-discrimination; Not using preferential measures for goods or domestic contractors; and Schedule of commitments to open the market MSCP determines the scope of the opening of each country.

Accordingly, Vietnam commits to open the door and comply with the following subjects:

  1. The Employer, or the Procuring Entity itself, is composed of entities listed in the offer as 21 central level agencies, and does not make a commitment to the bodies of the National Assembly, the Office of the State President, Supreme Court, Supreme Procuracy. For the Ministries of Transport and the Ministry of National Defense, Vietnam only committed to open procurement packages for certain types of goods and services, Vietnam also committed to open bidding for 38 non-business units. , including hospitals under the Ministry of Health, Vietnam Academy of Social Sciences, Academy of Natural Sciences, Ho Chi Minh National Academy of Politics and Administration, Vietnam News Agency.
  2. The opening threshold of bidding package is specified for each type of investor, including threshold for procurement of goods and services in general, and threshold for construction services procurement. For example, for central agencies, after 15 years of transition, the threshold for opening is 8.5 million SDR for construction and installation packages, after 25 years, the threshold for packages of goods and services is 130,000 SDR.

Particularly for 34 hospitals affiliated to the Ministry of Health, the opening threshold of the package is applied to a package of drug purchase for each hospital that has a contract duration of one year or more, or a procurement package. Contractor selection is organized by the Ministry of Health on behalf of hospitals. In case the hospital's drug procurement package has a contract performance period of less than one year, the opening threshold for this package is SDR 500,000. In case the package only includes a single drug, the opening threshold is 180,000 SDR.

  1. For goods, services and construction sectors to be purchased within the open scope, Vietnam only reserves the necessary contents, for example, to reserve the purchase of gasoline, a part of the drug market, and rice. Rice, books, newspapers, etc. The service section only lists the types of services open to contractors from CPTPP countries participating in bidding. Vietnam has also committed to open bidding for pharmaceutical bidding packages, however, the opening schedule is quite long, 15 years after the entry into force of the agreement, Vietnam has only opened up to 50% of the total contract value. bidding packages subject to adjustment. The types of drugs that Vietnam must give priority to allow bidding in the following order: Generic drugs in Group 1, generic drugs in Group 2, generic drugs in Group 3, generic drugs in Group 4, generic drugs in Group 5, until buy enough drugs at the opening percentages for that year.
  2. Members may also apply exclusions, exceptions and measures during the transition period. For example, Vietnam is excluded from bidding for the construction of martyrs' cemeteries, excluding petroleum purchases in the Goods and services section, excluding domestic purchases for consumption outside the territory, excluding packages for procurement of national reserve, procurement for the purpose of promoting health, welfare, socio-economic development of ethnic minorities, bidding packages for small and medium enterprises, bidding packages for security and defense reasons.

The CPTPP Agreement allows developing countries to apply a number of measures during the transition period. For example, within 5 years from the date of entry into force of the Agreement, Vietnam will not be subject to the dispute settlement mechanism related to its obligations under the GP Chapter. During this period, Vietnam only consulted with CPTPP countries with concerns about the implementation of its obligations.

Viet Nam is permitted to request, consider, apply or exercise any form of domestic preference during any phase of the contractor selection process within 10 years from the date of entry into force of the Agreement. including price incentives, up to 40% of the total contractual price of bidding packages under the scope of adjustment for each year; This rate will be reduced to a maximum of 30% from the 11th year to the end of the 25th year. Domestic preferential measures will be eliminated from the 26th year from the date the Agreement enters into force for Vietnam.